ovca and long term disability insurance

jadav1956
jadav1956 Member Posts: 95 Member
in Ovarian Cancer #1
Hi teal sisters !! I seem to be in a real dilema. My employer has been great and had helped me out with several problems. I had applied for ltd in May 2011 because according to HR it took 3 months to qualify. I was not eligible for short term or fmla at the time I was diagnosed due to a previous surgery in august 2010. Anyway I received a letter last week telling me I was being terminated since I had qualified for ltd in Aug. 2011. I was completely floored and never saw this coming. I have been working part time since July and able to work around my txs. I called and talked to HR and was told it was company policy that anyone who received ltd was terminated. I also asked why this was not told to me at the time I started the application process. No one seemed to know any answers to these questions. I don't know what to do. Supposedly my supervisor and HR managers are having a meeting about my case next week. I was told not to take it personally. RIGHT ! I said lets just fire someone when they are very sick and have them pay COBRA while they are already on limited income. I just felt numb at the time, but now I am getting mad as heck. How dare they !! I have worked there for over 8 yrs. We have not had any scheduling conflicts, or any problems with my performance. I do work in a health care setting in a physicians office. I work maybe 12 to 15 hrs a week. I just don't think I can work full time right now. I was hoping some of you guys may know about this or have had similar experiences. I know there is ADA, but is ovca considered a disability ? I would surely think so. I don't know whether to contact an attorney. PLease any and all info much appreciated. Thanks

Comments

  • carolyn45
    carolyn45 Member Posts: 100
    #2
    Not right!
    Something is very wrong when you get fired for being sick! I would definitely contact an attorney to get accurate information about your rights. If the supervisor comes back from the meeting with the HR managers with a, "Sorry," it might be a good idea to tell him you're seeing a lawyer. That might make everyone more amenable to doing what is right.
  • Barneygirl
    Barneygirl Member Posts: 90
    #3
    LTD
    I have been on LTD from my employer for 5 years. I went out on short term and then that was converted to LTD after 3 months. As long as I continue to qualify for LTD, the company will pay all of my health insurance premiums and my life insurance premiums. I can't believe they can fire you. That's not right. You may only be able to work limited hours under LTD. In my case, my position or one like it, would be available for me if and willing I'm able to return, but that's not looking to likely. I hope you can get this resolved and you may need the help of attorney, but I hope not. Good luck to you.
  • AnneBehymer
    AnneBehymer Member Posts: 738 Member
    #4
    that is soooo wrong
    I would go to a lawer as soon as possible for one thing I don't think they can deniy you FMLA it is law that they give it to you I just asked for mine because I could not go back to work. After the FMLA I went on short term disablity and I am on it right now. I have it for six month and then if I need it longer they will check in on it and might give me another six months. My work did not provid LTD so STD is all I get. I have to pay for my insurance on my own so my cobra is almost 500 a month. If I were you I would go to the lawer today.

    Anne
  • clamryn
    clamryn Member Posts: 508
    #5
    LTD
    Since I don't know everything about your situation I probably can't give you correct answers. The first thing I would do is check your employee handbook and see if there is anything in it that addresses termination and LTD. I am not sure if I would contact a lawyer as yet. There are a couple of things that I am surprised at is that you are not eligible for FMLA if you have worked there for 8 years.

    I am hoping that the meeting your company is having will turn in your favor. The one thing I noticed is that you were elibible in Aug 2011 and JUST NOW received a letter. I think something slipped through the cracks and maybe just maybe this might go in your favor.

    All companys have their own policies so don't judge by someone else. Whatever this company decides they will be setting a precedent and will have to follow through on future similar situations.

    If things don't work out, then I would contact an attorney.

    Good Luck
    Linda
  • carolenk
    carolenk Member Posts: 907 Member
    #6
    clamryn said:

    LTD
    Since I don't know everything about your situation I probably can't give you correct answers. The first thing I would do is check your employee handbook and see if there is anything in it that addresses termination and LTD. I am not sure if I would contact a lawyer as yet. There are a couple of things that I am surprised at is that you are not eligible for FMLA if you have worked there for 8 years.

    I am hoping that the meeting your company is having will turn in your favor. The one thing I noticed is that you were elibible in Aug 2011 and JUST NOW received a letter. I think something slipped through the cracks and maybe just maybe this might go in your favor.

    All companys have their own policies so don't judge by someone else. Whatever this company decides they will be setting a precedent and will have to follow through on future similar situations.

    If things don't work out, then I would contact an attorney.

    Good Luck
    Linda

    You just might be out of luck on this one
    If your employee handbook does indeed state that you cannot continue to work if you are eligible for LTD, then you can't say that "nobody told me." Ethically, someone in HR SHOULD have told you but they can always fall back on "the policy is in the employee handbook and it is your responsibility to know what is in the employee handbook." I don't know if a lawyer can do anything for you in that case.

    Your best bet is to appeal to the company's "heart" and see if you can stay on as a part-time employee as you certainly need the benefits. When you are eligible for LTD, you cannot earn more than $750/month; otherwise, you are no longer considered as "disabled."

    I don't know anything about your total assets but if you have anything more than $2000 in assets--such as IRA, savings/checking, etc, (excluding the value of your home & car), you won't qualify for SSI (which would get you on Medicaid & food stamps). However, if you are living "hand-to-mouth," it might be worth looking into SSI--that won't get you much money but it WILL get you health care.

    I don't know if you have a husband, but your total household income will be taken into consideration when you apply for SSI (aka "welfare").

    I saw some statistic that reported about 1/2 of the cancer survivors file for bankruptcy within 2 years after a cancer diagnosis (or something close to that--don't hold me to the EXACT numbers). All I know is that it didn't surprise me to read this. First cancer takes your health, then it takes your money. But it can't take your spirit.

    Please let us know how your situation is resolved. I hope everything works out for the best for you.

    Carolen
  • Hissy_Fitz
    Hissy_Fitz Member Posts: 1,834
    #7
    carolenk said:

    You just might be out of luck on this one
    If your employee handbook does indeed state that you cannot continue to work if you are eligible for LTD, then you can't say that "nobody told me." Ethically, someone in HR SHOULD have told you but they can always fall back on "the policy is in the employee handbook and it is your responsibility to know what is in the employee handbook." I don't know if a lawyer can do anything for you in that case.

    Your best bet is to appeal to the company's "heart" and see if you can stay on as a part-time employee as you certainly need the benefits. When you are eligible for LTD, you cannot earn more than $750/month; otherwise, you are no longer considered as "disabled."

    I don't know anything about your total assets but if you have anything more than $2000 in assets--such as IRA, savings/checking, etc, (excluding the value of your home & car), you won't qualify for SSI (which would get you on Medicaid & food stamps). However, if you are living "hand-to-mouth," it might be worth looking into SSI--that won't get you much money but it WILL get you health care.

    I don't know if you have a husband, but your total household income will be taken into consideration when you apply for SSI (aka "welfare").

    I saw some statistic that reported about 1/2 of the cancer survivors file for bankruptcy within 2 years after a cancer diagnosis (or something close to that--don't hold me to the EXACT numbers). All I know is that it didn't surprise me to read this. First cancer takes your health, then it takes your money. But it can't take your spirit.

    Please let us know how your situation is resolved. I hope everything works out for the best for you.

    Carolen

    Same thing happened to me,
    Same thing happened to me, though not because of OC. My FLMA was 12 weeks, and on the first day of the 13th week, they terminated me because my surgeon would not release me to go back to work, full-time, full-duty.

    I was on LTD, and I had obtained it thru the company, but paid the premium via payroll deduction.

    Carlene
  • jadav1956
    jadav1956 Member Posts: 95 Member
    #8
    Hissy_Fitz said:

    Same thing happened to me,
    Same thing happened to me, though not because of OC. My FLMA was 12 weeks, and on the first day of the 13th week, they terminated me because my surgeon would not release me to go back to work, full-time, full-duty.

    I was on LTD, and I had obtained it thru the company, but paid the premium via payroll deduction.

    Carlene

    Thanks ladies for all the
    Thanks ladies for all the info. I was called for a meeting this morning. They decided that I was an exception because I do qualify for ltd and am able to work a few hrs each week. That usually does not happen, and I told them that it could change for me as well. Anyway I can stay the way things are going for right now. They do pay for cobra for me if I need it. I hope to work my way up to at least 20 hrs a week and that will keep me at part-time status. The only thing I will lose is my dental ins. I have my 6th tx of carbo/taxol on 10/6, and then a ct. I see the onc on 10/4, and we will discuss the next steps we need to take. I am hoping to get in a research study or that was the plan. I guess we will see what the ct shows and go from there. Thanks all very much !!!
  • Susan777
    Susan777 Member Posts: 97 Member
    #9
    jadav1956 said:

    Thanks ladies for all the
    Thanks ladies for all the info. I was called for a meeting this morning. They decided that I was an exception because I do qualify for ltd and am able to work a few hrs each week. That usually does not happen, and I told them that it could change for me as well. Anyway I can stay the way things are going for right now. They do pay for cobra for me if I need it. I hope to work my way up to at least 20 hrs a week and that will keep me at part-time status. The only thing I will lose is my dental ins. I have my 6th tx of carbo/taxol on 10/6, and then a ct. I see the onc on 10/4, and we will discuss the next steps we need to take. I am hoping to get in a research study or that was the plan. I guess we will see what the ct shows and go from there. Thanks all very much !!!

    HI JACKIE
    Sorry about your work troubles....you are such a trooper for even working 20 hours a week at this point. As soon as I had my surgery i went out on State Disability. State of California has State Disability for injuries or illness's up to one year. That is what I am on. If your illness is expected to last longer then you apply for Social Security Disability. My company has continued to pay my health/life and cell phone bill. I want to try to return to work in Nov/Dec depending on how I am feeling. I to will see my GYN/ONC and have a scan after my treatment. My CA125 was down to 8 and my gut tells me my scan will be clean. I am a little scared to see what my body will do without those poisons flowing.

    Take care,

    Susan
  • jadav1956
    jadav1956 Member Posts: 95 Member
    #10
    Susan777 said:

    HI JACKIE
    Sorry about your work troubles....you are such a trooper for even working 20 hours a week at this point. As soon as I had my surgery i went out on State Disability. State of California has State Disability for injuries or illness's up to one year. That is what I am on. If your illness is expected to last longer then you apply for Social Security Disability. My company has continued to pay my health/life and cell phone bill. I want to try to return to work in Nov/Dec depending on how I am feeling. I to will see my GYN/ONC and have a scan after my treatment. My CA125 was down to 8 and my gut tells me my scan will be clean. I am a little scared to see what my body will do without those poisons flowing.

    Take care,

    Susan

    Hey All !!! Thanks so much
    Hey All !!! Thanks so much for all the input. I think I may be ok for the moment, but am taking no chances. I will see an attorney but not counting on anything for sure. The HR folks were extremely nice, and just seemed to want to help me out. Funny turn of events since I received that very impersonal letter. I can only manage to work maybe 12 hrs or so a week, but it takes my mind off my own troubles. I get really tired very easy, so I usually have to come home and take a nap. Thanks everybody !! Jackie

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